handcuffing policies

[Deputy757]

As far as their being a difference between someone who is under arrest and not under arrest that was kind of a goofy question . The BIG HUGE UNDENIABLE ANSWER IS !!!!!!! Did you get to leave or go home ????

That may or may not make a difference. This guy was unquestionably allowed to go home, but here..if I cuff someone behind their back and transport them somewhere they don't want to go, that's going to probably qualify as an arrest. The SCOTUS has declared that there is no black and white example of when an arrest has occurred or not. Each instance is judged by the circumstances surrounding it.